Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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REVISED AGENDA

(ADDED CONTINUED ITEM FROM MAY 8, 2012)

BERKELEY CITY COUNCIL MEETING

Tuesday, May 15, 2012

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguín

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, CMC, Acting City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters:In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

2.Lease Agreement: Bay Area Hispano Institute for Advancement (BAHIA) at a Building at James Kenney Park (PDF)From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,236–N.S. authorizing the City Manager to execute a lease agreement with the Bay Area Hispano Institute for Advancement (BAHIA) for the small building located at 1718 Eighth Street at James Kenney Park for a five year term beginning July 1, 2012.Financial Implications: See reportFirst Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent: Anderson.Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

3.Derby Street Land Vacation and Exchange with Berkeley Unified School District (PDF)From: City ManagerRecommendation: Adopt the second reading of Ordinance No. 7,237–N.S.a. Vacating a portion of the public right-of-way of Derby Street; andb. Conveying the City’s interests in the vacated property to Berkeley Unified School District; andc. Accepting, in exchange, an offer of street dedication of fee interest at 1925 Derby Street from Berkeley Unified School District for public right-of-way purposes.Financial Implications: NoneFirst Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent: Anderson.Contact: Andrew Clough, Public Works, 981-6300

6.Calling for a Consolidated General Municipal Election for November 6, 2012 (PDF)From: City ManagerRecommendation:1. Adopt a Resolution a) Calling for a General Municipal Election to be consolidated with the Presidential General Election to be held in Berkeley on November 6, 2012;b) Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Presidential General Election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.2. Adopt a Resolution establishing policies and timelines for filing ballot measure arguments.Financial Implications: General Fund - Estimated $340,000Contact: Mark Numainville, Acting City Clerk, 981-6900

10.Supplemental Military Leave Compensation Policy (PDF)From: City ManagerRecommendation: Adopt a Resolution amending Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2013 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service.Financial Implications: No fiscal impact at this timeContact: David Hodgkins, Human Resources, 981-6800

11.Contract: West Bay Builders, Inc. for Construction of the West Branch Library (PDF)From: City ManagerRecommendation: Adopt a Resolution:1. Approving plans and specifications for the Berkeley Public Library West Branch Improvement Project;2. Accepting the bid of West Bay Builders, Inc.; and3. Authorizing the City Manager to execute a contract, and any amendments, extensions or change orders until completion of the project in an amount not to exceed $5,985,000 which includes a contingency of approximately 9%.Financial Implications: Measure FF - $5,985,000Contact: Donna Corbeil, Library, 981-6100

13.Contract: Redgwick Construction Company for Berkeley Bay Trail Extension—Phase One (PDF)From: City ManagerRecommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Berkeley Bay Trail Extension—Phase One project (Bid Specification No. 12-10648-C);2. Deeming that the Bid received from Team Ghilotti, Inc. is non-responsive and is rejected;3. Deeming that the Bid received from Valentine Corporation is non-responsive and is rejected;4. Awarding the construction contract to the lowest responsive, responsible bidder, (Redgwick Construction Company), for the amount of their Bid($1,480,512.50) (Caltrans Project No. RP STPL 5057 (038);5. Authorizing the City Manager and his/her designee to execute a construction contract with Redgwick Construction Company in the amount of their bid, and to execute change orders, amendments and/or time extensions;6. Authorizing a 15% construction contingency for an amount not to exceed$222,077, for a total spending authority not-to-exceed $1,702,589.Financial Implications: Various Funds - $1,702,589Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

14.Recognized Obligation Payment Schedule: July 1, 2012-December 31, 2012 (PDF)From: City ManagerRecommendation: Acting as the Successor Agency for the Redevelopment Agency, adopt a Resolution approving a Recognized Obligation Payment Schedule (ROPS) for the six month fiscal period commencing on July 1, 2012 and ending December 31, 2012.Financial Implications: See reportContact: Eric Angstadt, Planning and Development, 981-7400

15.Contract: California Constructores for the West Street Pathway Project, University Avenue to Addison Street (PDF)From: City ManagerRecommendation: Adopt a Resolution:1. Approving the plans and specifications for the West Street Pathway Project, University Avenue to Addison Street, Specification No. 12-10649-C; 2. Accepting the bid of California Constructores, the lowest responsive and responsible bidder; 3. Rejecting the bid protest of Redgwick Construction Company, the second lowest bidder; and4. Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $346,069 for the period of 120 calendar days from the date of the execution of the contract.Financial Implications: Measure B Fund - $346,069Contact: Andrew Clough, Public Works, 981-6300

16.Contracts: On-Call Geotechnical and Engineering Testing Services (PDF)From: City ManagerRecommendation: Adopt three Resolutions authorizing the City Manager to execute three contracts and any amendments, extensions or other change orders with on-call geotechnical and engineering testing support services for a combined total for all contracts not to exceed$1,200,000 as follows:1. Construction Testing Services, Inc. in an amount not to exceed $400,000;2. Inspection Services, Inc. in an amount not to exceed $400,000; and3. ENGEO Incorporated in an amount not to exceed $400,000.Financial Implications: Various Funds - $1,200,000 over 3 yearsContact: Andrew Clough, Public Works, 981-6300

17.FY 2013 Transportation Development Act Article 3 Fund Allocation (PDF)From: City ManagerRecommendation: Adopt a Resolution:1. Authorizing the City Manager to: submit an allocation request to the Metropolitan Transportation Commission (MTC) for $163,298 from the Transportation Development Act (TDA) Article 3 funds in FY 2013 for the Berkeley Bicycle Plan Update; accept the funds; execute any resultant agreements and amendments; and authorize the implementation of the project, subject to securing the funds; and 2. Declaring that: the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to the resolution, or that might impair the ability of the City of Berkeley to carry out the project; the City of Berkeley attests to the accuracy of and approves the statements in Exhibit A to the resolution; and a certified copy of the resolution and its Exhibits, and any accompanying supporting materials, shall be forwarded to the Alameda County Transportation Commission for submission to MTC as part of the Countywide coordinated TDA Article 3 claim.Financial Implications: MTC Fund - $163,298 (revenue)Contact: Andrew Clough, Public Works, 981-6300

19.Human Welfare and Community Action Commission Representatives of the Poor (PDF)From: Human Welfare and Community Action CommissionRecommendation: Adopt a Resolution confirming the selection of Rico Robinson (District 2) as a representative of the poor, having been selected at the April 18, 2012 Human Welfare and Community Action Commission (HWCAC) meeting and serving until the next election in November 2012.Financial Implications: See reportContact: Drew King, Commission Secretary, 981-5410

21.Options Recovery Services: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)From: Councilmember MaioRecommendation: Adopt a Resolution authorizing the expenditure of an amount not to exceed $100 per Councilmember to be used for a grant to support the 15th Year Anniversary Gala of Options Recovery Services, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who would like to contribute.Financial Implications: Councilmember’s Discretionary Fund - $100Contact: Linda Maio, Councilmember, District 1, 981-7110

26.2012 Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)From: Councilmembers Anderson, Arreguín, Worthington and WozniakRecommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $250 from Councilmember Anderson to the 2012 Berkeley Juneteenth Festival with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute.Financial Implications: Councilmembers’ Discretionary Funds - $500Contact: Max Anderson, Councilmember, District 3, 981-7130

27.North Shattuck Association: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)From: Councilmembers Arreguín and CapitelliRecommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the North Shattuck Association to support the 16th annual Chocolate and Chalk Art Festival with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Arreguín and Capitelli, and any other Councilmember who would like to contribute.Financial Implications: Councilmembers’ Discretionary Funds - $250Contact: Jesse Arreguín, Councilmember, District 4, 981-7140

28.Ninth Annual Berkeley World Music Festival (PDF)From: Councilmember WorthingtonRecommendation: Adopt a Proclamation designating June 2, 2012 as the Berkeley World Music Day.Financial Implications: NoneContact: Kriss Worthington, Councilmember, District 7, 981-7170

29.Support Peralta Community College District Ballot Measure B (PDF)From: Councilmember WorthingtonRecommendation: Support Peralta Community College District Measure B, a measure seeking voter approval of an annual special parcel tax of $48 on all parcels for a period of eight years to fund core academic programs, career training, and counseling at College of Alameda, Laney College, Merritt College and Berkeley City College.Financial Implications: NoneContact: Kriss Worthington, Councilmember, District 7, 981-7170

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Action Calendar – Public Hearing – Continued Business

A.West Berkeley Project - Master Use Permit ProcessFrom: City ManagerRecommendation: Continue the public hearing and upon conclusion, provide direction to staff regarding the following actions proposed to be taken at the May 15, 2012 Council Meeting:1. Adopt a Resolution certifying the Environmental Impact Report (EIR) and adopt CEQA findings and the Mitigation Monitoring Program;2. Adopt a Resolution approving amendments to the West Berkeley Plan, and by reference the General Plan; and3. Adopt first reading of an Ordinance to repeal and reenact BMC Chapter 23B.36. Master Use Permits.Financial Implications: See reportContact: Eric Angstadt, Planning and Development, 981-7400

32.1722 Ninth St Public Hearing and Determination re Public Nuisance (PDF)Attachment 4 - Admin RecordFrom: City ManagerRecommendation:1. Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Sections 23B.64.050 and 23B.60.050 and, upon conclusion, direct staff to return with a Resolution on May 29, 2012 determining that 1722 9th Street is: a) in violation of Use Permit A1931 under BMC Chapter 23B.60, and order that Use Permit A1931 be revoked; and b) a public nuisance under BMC Chapter 23B.64 and impose conditions to abate the nuisance; and 2. Continue the Council's consideration to May 29, 2012 for adoption of the Resolution.Financial Implications: NoneContact: Eric Angstadt, Planning and Development, 981-7400

33.Public Hearing: FY 2013 City FeesFrom: City ManagerRecommendation: Conduct a public hearing on the following fees and upon conclusion adopt Resolutions setting fees for the following:

36.West Berkeley Project – Master Use Permit Process (PDF)Attachment 3PresentationRevised materialsFrom: City ManagerRecommendation:1. Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments and adopting CEQA findings and the Mitigation Monitoring Program;2. Adopt a Resolution approving amendments to the West Berkeley Plan, and by reference the General Plan; and3. Adopt the first reading of the Ordinance to repeal and reenact BMC Chapter 23B.36 Master Use Permits.Financial Implications: See reportContact: Eric Angstadt, Planning and Development, 981-7400

38.Initiative Petition - Sunshine Ordinance (PDF)From: City ManagerRecommendation:1. Adopt a Resolution submitting the Sunshine Ordinance, without alteration, to a vote of the People at the November 6, 2012 General Municipal Election.2. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.Financial Implications: See reportContact: Mark Numainville, Acting City Clerk, 981-6900

b. Revisions to Policies Regarding BPD Mutual Aid Memoranda of Understanding (PDF)From: City ManagerRecommendation:1. Direct the City Manager to prepare policies for the Berkeley Police Department to implement the following Mutual Aid Memoranda of Understanding (MOU) as setforth in this report, and return with the complete package of 2012 Mutual Aid MOU’s for approval in September 2012:a. Northern California Regional Intelligence Center (NCRIC)b. Department of Homeland Security, Urban Area Security Initiative (UASI)c. University of California Berkeley Police Department.2. Adopt a Resolution amending Resolution No. 63,711 stating that the City of Berkeley will not comply with ICE civil immigration detainers, except as to dangerous persons who will be held for no more than 48 hours (excluding Saturdays, Sundays and court holidays) pursuant to an ICE detainer. 3. Direct the City Manager to modify the following Berkeley Police Department General Orders as described in this report: Jail Operations and Mutual Aid Policy.Financial Implications: Staff timeContact: Michael Meehan, Police, 981-5900

42.Establish a City of Berkeley Homeward Bound Program a. From: Homeless Commission (PDF)Recommendation: Adopt a Resolution establishing a two-year Homeward Bound Program -- $20,000 annually -- to be administered by the City of Berkeley's Health, Housing and Community Services Department. Additionally, the Commission recommends allocating additional bonus points, in the upcoming FY 2014 Request For Proposals process, to service providers who offer a homeward bound program that conforms to the guidelines of the City's program.Financial Implications: General Fund - $40,000Contact: Drew King, Commission Secretary, 981-5410

b. From: City Manager (PDF)Recommendation: Refer the issue of establishing a City administered Homeward Bound Program to the FY 2014 budget process to align with the two-year community agency Request for Proposals process, expected in this fall 2012, and resultant two year community agency contracts for FY 2014-2015.Financial Implications: See reportContact: Jane Micallef, Health, Housing and Community Services, 981-5400

43.Status Report: Community Workforce Agreement First Anniversary Review (PDF)From: City ManagerRecommendation: Maintain the Community Workforce Agreement’s (CWA) current $1 million dollar threshold for publicly-funded construction projects for an additional 12 months to allow time to improve the effectiveness of the CWA and evaluate outcomes, especially in terms of jobs for Berkeley residents.Financial Implications: See reportContact: Jane Micallef, Health, Housing and Community Services, 981-5400

Council Action Items

44.City Manager’s Report of Projections of Future City Liabilities (PDF)From: Councilmembers Capitelli, Wengraf, Wozniak and MooreRecommendation: Adopt a Resolution requiring the City Manager to develop and publish a biennial report of current City liabilities and projections of future liabilities designed to aid City staff, Council and the public in the preparation of the City’s budget. The report shall be published initially in February, 2013 and subsequently in February of the second year of the City’s biennial budget.Financial Implications: Staff timeContact: Laurie Capitelli, Councilmember, District 5, 981-7150

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 3, 2012.

Mark Numainville, Acting City Clerk

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.